El Paso DWI Attorney: DWI Process in El Paso and how a DWI Attorney Can Help

El Paso DWI Attorney: DWI Process in El Paso and how a DWI Attorney Can Help

El Paso DWI Attorney: DWI Process in El Paso and how a DWI Attorney Can Help

You've just been arrested for DWI. What happens now? Can you continue to drive? An El Paso DWI Attorney will be able to help guide you through the process.

In Texas, the arresting officer must confiscate the Texas Driver's license upon an arrest for driving while intoxicated or driving under the influence by a minor. Thereafter, the arresting officer will give you a sheet called a Notice of Suspension and Temporary Driver permit. This document allows you the right to drive with the same qualifications that you had on your regular license for a limited period of time. So for example if you had a Commercial Drivers License (CDL) at the time of your arrest, you can continue to drive a CDL vehicle. However, If for example your driver's license was suspended because of no insurance then you cannot use the temporary permit to drive until you clear the other suspension issue.

1b. Administrative License Revocation: To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension and Temporary Driving Permit (usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing.

The burden of proof is much lower in an administrative license revocation hearing then in a DWI trial, so it is likely that your license will be suspended. The information provided at the hearing by the stopping and arresting officer will be use to better understand your position and the next steps in your defense.

Should you lose the administrative hearing, it is recommended that you request an Essential Needs License or Occupational License to drive work and school and other household reasons. If you do not secure or this type of license you are driving on your quote suspended license and may be arrested.

1st Appearance: If you have been arrested and released for a misdemeanor DWI, you will be given a date to return to court (usually 30 days after your arrest). If you hire an attorney, the attorney can usually make this appearance for you, so that you do not have to attend. During this 30 day period, the case is sent to the County Attorney's office for further investigation. The County Attorney then prepares information and files this with the County Clerk, and your case is set on the court's docket.

Pre trial Conference: Your attorney will discuss your case with the County Attorney to discuss the best possible resolution of your case. This conference generally happens about 8 to10 weeks after your 1st Appearance date.

Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere from 6 weeks to 3 months after the pre trial conference.

Trial: You may either request a bench trial wherein the court hears the case or a jury trial wherein a jury of your peers hears the case. If the case is a misdemeanor, the trial will be to a jury of six. If the case is a felony, the jury will be to a jury of twelve.

Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, numerous fees, fines, community service, alcohol classes and fines.

POST COMMENT

When You May Need to Talk to an Attorney Choosing a dui criminal attorney in los angeles More truths about durable power of attorney Criminal Attorneys in Minnesota Big Rig Accident Attorneys Knowing the Basics How DUI Attorneys Win Motions to Dismiss a Drunk Driving Cost In What Situations General Power Of Attorney Applies The way to Uncover The top DUI Attorney Fight DUI charges with a reputed attorney DC Accident Attorneys to the Rescue Attorney Recruiting from Now Hiring You Why you need a power of attorney clause in your will Attorney referral